HomeMy WebLinkAboutRailroad Safety Trail - Agreement and Grant of Easement_APN 001-052-004RECORDING REQUESTED BY:
City of San Luis Obispo
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Depa rtm ent of Publi c Works
Attn: MieAae l Me€1fi 11e St2.Y4N WH 6"€'tG"~
919 Palm Street
San Luis Obispo, CA. 93401
THE UNDERSIGNED DECLARES: DOCUMENTARY TRANSFER TAX EXEMPT PER R*T
CODE 11922 AND GOVERNMENT CODE 6103 AND TAXABILITY CODE 2-00, EXEMPT
FROM RECORDING FEES PER GOVERNMENT CODE 27363
AGREEMENT AND GRANT OF EASEMENT
PUBLIC TRAIL EASEMENT
APN : 001-052-004 (portion)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Agency : California Highway Patrol
675 California Blvd . San Luis Obispo, Ca .
Project: Railroad Safety Trail
# 04991
File: TR18038
THIS AGREEMENT AND GRANT OF EASEMENT is made and entered into by and between the STATE OF
CALIFORNIA, acting by and through its Director of the DEPARTMENT OF GENERAL SERIVES with the approval of
the CALIFORNIA HIGHWAY PATROL collectively hereinafter called STATE, and the CITY OF SAN LUIS OBISPO, a
municipal corporation and a charter city in the County of San Luis Obispo, State of California, (hereinafter called
"CITY"). STATE and CITY are hereinafter collectively referred to as the "PARTIES."
STATE, pursuant to the provisions of Section 14664 of the Government Code of the State of California, hereby grants
unto GRANTEE, its successors and assigns forever, a non-exclusive easement for a multipurpose public recreational
trail ("Public Trail") and all purposes incidental thereto, such as walking, jogging, running, skating, biking , and to
maintain and repair appurtenances as GRANTEE shall from time to time deem necessary for the Public Trail on that
certain real property situated in the County of San Luis Obispo, State of California, as legally described in the attached
Exhibit "A", consisting of one (1) page, and depicted on Exhibit "B", consisting of one (1) page and by this reference
made a part hereof. STATE and CITY hereby acknowledge and agree to the terms and conditions for the use of the
easement area and for future maintenance and responsibility as outlined in Exhibit "C ", consisting of one (1) page and
by this reference made a part hereof.
THIS EASEMENT GRANTED HEREIN SUBJECT TO THE TERMS, CONDITIONS, LIMITATIONS, AND
COVENANTS ON PAGE 2 HEREOF CONSTITUTE A PART OF THIS AGREEMENT.
Dated ~ day of October, 2019 .
STATE OF CALIFORNIA
Department of General Services
DANIEL C. KIM , Director
By: ___________ _
Michael P Butler, Chief
Real Property Services Section
APPROVED :
California Highway Patrol
By: ___________ _
Title:--------------
GRANTEE:
CITY OF SAN LUIS OBISPO, a municipal corporation
and a charter city in the County of San Luis Obispo ,
By: /jd· t~
fHeiiHarmon, MF f
Check with Public Works for final
version.
California Highway Patrol, Railroad Safety Trail Easement
Project: 04991
APN : 001-052-004 (portion)
PROVIDED, this Grant of Easement is subject to the following terms, conditions, limitations, and covenants :
1. This Grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may
affect said real property and the use of the word "Grant" herein shall not be construed as a covenant against the
existence of any thereof.
2. Grantee waives all claims against State, its officers, agents and employees, for loss or damage caused by, arising
out of, or in any way connected with the exercise of this Easement, and Grantee agrees to protect, save
harmless, indemnify, and defend STATE, its officers, agents and employees from any and all loss, damage or
liability, including, without limitation, all legal fees, expert witness or consultant fees and expenses related to the
response to , settlement of, or defense of any claims or liability which may be suffered or incurred by STATE, its
officers, agents and employees caused by, arising out of, or in any way connected with exercise by Grantee of the
rights hereby granted, except those arising out of the sole negligence of State.
3. STATE reserves the right to use said real property in any manner, provided such use does not unreasonably
interfere with Grantee's rights hereunder.
4. STATE reserves the right to require Grantee, at State expense, to remove and relocate all improvements placed
by Grantee upon said real property, upon determination by STATE that the same interfere with future
development of State's property. Within 180 days after STATE's written notice and demand for removal and
relocation of the improvements, Grantee shall remove and relocate the improvements to a feasible location on the
property of STATE, as designated by STATE, and STATE shall furnish Grantee with an easement in such new
location, on the same terms and conditions as herein stated, all without cost to Grantee, and Grantee thereupon
shall re-convey to STATE the easement herein granted.
5. This Easement shall terminate in the event Grantee fails for a continuous period of eighteen (18) months to use
this Easement for the purposes herein granted . Upon such termination , Grantee shall forthwith upon service of
written demand, deliver to STATE, at no cost to STATE, a Quitclaim Deed, to its right, title and interest hereunder.
Should Grantee fail or refuse to deliver said Quitclaim Deed, STATE may record, in the Recorder's Office of the
County in which said real property is located, a written notice reciting said failure, and such recordation shall, after
ten (10) days from the date of recordation of said notice, be conclusive evidence of such termination against
Grantee. Grantee shall, upon STATE request, without cost to STATE, and within ninety (90) days from said
STATE request, remove all property placed by or for Grantee upon said real property and restore said premises
as nearly as possible to the same condition as they were in prior to the execution of this Easement. In the event
Grantee should fail to restore said premises in accordance with such request, STATE may do so at the risk of
Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand.
6. In performing any work, including any excavation, on said real property of STATE, Grantee shall take all
reasonable measures to make the same in such manner as will cause the least injury to the surface of the ground
around such excavation, and shall replace the earth so removed by it and restore the surface of the ground and
any improvement thereon to as near as possible to the same condition as they were immediately prior to
commencement.
7. It is mutually agreed that this Easement shall primarily be used for the purpose of constructing and maintaining a
Public Trail across State-owned property
8. Should any future construction, reconstruction, installation, operation, maintenance and replacement of said
facilities, service and/or repairs be required by Grantee on said installation, Grantee shall contact the State official
having immediate jurisdiction over the property prior to initiating said on-site work .
9. Grantee shall have access to the easement area from the abutted roadway only .
10. It is mutually agreed that Grantee shall from time to time as deemed necessary, trim or cut down any and all trees
and brush now or hereafter within said easement area and that Grantee may mark the location of underground
utilities and other underground facilities in the easement area .
ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached and not the truthfulness ,
accuracy, or validity of that document.
ST ATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
On Dc..\o'N.:< 0\ , ao\l'.\ , before me, Megan Wilbanks, Notary Public, personally appeared
_\\~¢J,.,.~~\.~\\ ...... a.:.,.,..,_n~'.'OO~"'~----' Mayor, CITY OF SAN LUIS OBISPO, who proved to me on
the basis of satisfactory evidence to be the person(I) whose name(.i) is/are subscribed to the within
in trument and acknowl edged to me that ae/she/they executed the same in llis/her/t-hetr authorized
capacity~, and that by H:is/her/teeiT signature(.s') on the instrument the person~ or the entity
upon behalf of which the person(/) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
PARCEL NO.: 001-052-004 (State of California)
PROJECT: City of San Luis Obispo Railroad Safety Trail -Taft to Pepper
TITLE REPORT NO.: 4001-5434934
RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
State of California, acting by and through its Director of the Department of General
Services (DGS), with the approval of the California Highway Patrol (CHP), hereinafter
collectively referred to as "STATE", and
The City of San Luis Obispo, a municipal corporation and a charter city in the County
of San Luis Obispo, State of California, (hereinafter called "CITY"). STATE and CITY are
hereinafter collectively referred to as the "PARTIES."
Instrument in the form of an Agreement and Grant of Easement Deed for Non-Exclusive
Easement needs ("Deed") is attached hereto as Exhibits A covering the property particularly
described therein ("Easement Area"), depicted on Exhibit B and the Use and Maintenance of the
Easement Area outlined on Exhibit C, as Exhibit to the attached Deed, is being executed
concurrently with this AGREEMENT and delivered to City representatives.
In consideration of which, and other considerations hereinafter set forth, it is mutually
agreed as follows:
1. The PARTIES have herein set forth the whole of their AGREEMENT, which shall
survive escrow for full enforcement. The performance of this AGREEMENT constitutes the
entire consideration for said document and shall relieve the City of all further obligation or claims
on this account, or on account of the location, grade or construction of the proposed public
improvement, except as stated in Paragraphs 2.E. and 2.F. below.
2. The CITY shall:
A. PAYMENT
i. REAL PROPERTY -Pay to the order of the STATE the sum of TWO-HUNDRED
FIFTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($252,500) as
consideration in full for the real property interests conveyed in the Deeds. Said
sum shall be paid when title to said real property interest has vested in CITY free
and clear of all liens, encumbrances, assessments, easements and leases
recorded or unrecorded, except for recorded public utility easements, public right
of way, and the five title exceptions numbers 1, 2, 3, 4, and 5 identified in the
Preliminary Title Report order number 4001-5434934 (LI) dated April 12, 2017
provided by First American Title Company. STATE and CITY acknowledge and
agree that the above payment amount, the cost of damage mitigation, and the
terms of the Deeds and this AGREEMENT represent the full and total
APN: 001-052-004 City of SLO\State of CA \Agreement-Easement
Page 1 of6
consideration for the fee interest and easements established by the Deeds. With
the exception of any rights and obligations created pursuant to this
AGREEMENT, STATE hereby forever releases and discharges CITY and its
respective officials, officers, directors, and employees from any and all claims,
demands, causes of action, obligations, and liabilities of every kind and nature
which relate to CITY's acquisition of the real property interests conveyed in the
Deeds. It is further understood and agreed that each party hereby waives any
and all rights under Section 1542 of the Civil Code of the State of California
which reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR
OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
ii. DAMAGE MITIGATION -STATE and CITY acknowledge and agree to mitigate
for damages to the specifications and satisfaction of the ST A TE. STA TE and
CITY acknowledge and agree that CITY to mitigate for the loss, replacement and
moving of any improvements, as part of the terms of this AGREEMENT.
Additional mitigation measures include the following items:
a) Wrought iron fence along both sides of the trail across the entirety STATE
property.
b) Relocate/replace the STATE's existing chain-link fencing and provide STATE
with gated access through the chain-link fencing to the area between wrought
iron fence and chain-link fencing.
c) Install a chain-link fence with access gate along California Boulevard for
access to the area between the wrought iron fence and chain-link fence.
d} Install a secondary privacy fencing/wall at the upper end of the slope.
e) Install two cameras to monitor the back areas of the STATE facility.
f} Install wall pack lighting fixtures mounted on back wall of STATE facility.
g) Install chain-link fencing with access gate around the remnant Non-exclusive
Easement Area to be maintained by the CITY.
B. RECORDATION OF INSTRUMENT -Accept the Deed and cause the same to be
recorded in the office of the San Luis Obispo County Recorder at such time as when clear title
can be conveyed.
C. MISCELLANEOUS COSTS -Pay any escrow, title insurance, and recording fees
incurred in this transaction .
D. CLEARANCE OF BONDS , ASSESSMENTS, OR DELINQUENT TAXES -Have the
authority to deduct and pay from the amount shown in Clause 2.A. above any amount
necessary to satisfy any bond demands and delinquent taxes due in any year except the year in
which this escrow closes, together with penalties and interest thereon, and/or delinquent and
unpaid non-delinquent assessments which have become a lien at the close of escrow.
APN: 001-052-004 City of SLO\State of CA \Agreement-Easement
Page 2 of6
E. CONSTRUCTION AND RESTORATION -Shall, at no expense to STATE, protect
and restore existing parking lot and landscaping in a comparable condition as that which existed
prior to CITY's access and use, to the extent reasonably practical. CITY access and use shall
be in conformance with all terms and conditions specified in the Deed and/or Temporary fights
provide for construction.
F. IN DE MN IF IC ATION-Indemnify and hold harmless the STATE from any and all
claims, damages, costs, judgments, or liability proximately caused by CITY or its officers,
employees, contractors, or agents specifically arising from CITY construction, maintenance and
public use of the Easement Area. CITY further agrees to repair or pay for any damage
proximately caused by reason of the uses authorized by the Easement Deed. CITY's obligation
to indemnify and hold harmless STATE as provided in this Paragraph 2.F shall not extend to
any claims, damages, costs, judgments, or liability which arise from or related to the sole
negligence of STATE.
3. The STA TE :
A. LEASE INDEMNIFICATION -California Highway Patrol, San Luis Obispo Area
Commander warrants there are no oral or written leases on all or any portion of the Easement
Area to the extent permissible by law under Government Code 895.4.
B. PE RM ISS ION TO ENT ER -Hereby grants to the CITY, its agents and contractors,
permission to enter upon the Easement Area prior to the close of escrow for the purposes of
pre-construction surveys and studies, subject to all applicable terms and conditions contained in
this AGREEMENT and the associated Easement Deeds.
C . KNOWLEDGE OF THE ENVIRONMENTAL CONDITIONS OF THE PROPERTY -
Represents and warrants that to the best of California Highway Patrol, San Luis Obispo Area
Commander knowledge and belief, that (1) there has been no spill, discharge, release, cleanup
or contamination of or by any hazardous or toxic waste or substance on the Property at any
time, and (2) throughout the period of ownership of the Property by STATE, no hazardous or
toxic material has been used, generated, treated, stored, disposed of or handled on the
Property.
4. The PARTIES agree:
A. ESCROW -CITY has opened escrow with First American Title Company located at
899 Pacific Street, San Luis Obispo, Ca 93401 . This AGREEMENT constitutes the joint escrow
instructions of CITY and STATE, and the escrow agent to whom these instructions are delivered
is hereby empowered to act under this AGREEMENT. The PARTIES hereto agree to do all acts
necessary to close this escrow in the shortest possible time.
ST A TE will deposit the executed Deed by ST A TE, with Certificate of Acceptance
attached, with the escrow agent. CITY agrees to deposit the purchase price upon demand of
escrow agent. CITY and ST A TE agree to deposit with escrow agent all additional instruments
as may be necessary to complete this transaction . All funds received in this escrow shall be
deposited with other escrow funds in a general escrow fund account(s) and may be transferred
APN: 001-052-004 City of SLO\State of CA \Agreement-Easement
Page 3 of6
to any other such escrow trust account in any State or National Bank doing business in the
State of California. All disbursements shall be made by check or wire transfer from such
account.
i. ESCROW AGENT DIRECTIVES -Escrow Agent is authorized to, and shall :
a) Pay and charge STATE for any unpaid delinquent taxes and/or any penalties
and interest thereon, and for any delinquent assessments or bonds against
that portion of STATE's property subject to this transaction as required to
convey clear title .
b) Pay and charge CITY for any escrow fees, charges and costs payable under
Paragraph 2.C. of this AGREEMENT;
c) Disburse funds and record Deed when conditions of this escrow have been
fulfilled by CITY and STA TE.
d) Following recording of Deed from STATE, provide CITY with a CL TA Standard
Coverage Policy of Title Insurance in the amount of $252,500 issued by First
American Title Company showing that title to the herein real property is vested
in CITY, subject only to the following exceptions , and the printed exceptions
and stipulations in said policy:
1) Real Property Taxes for the fiscal year in which escrow closes;
2) Public utility easements and public rights of way ;
3) Items No. 1 through 5 of the preliminary title report issued by First
American Title Company, dated April 12, 2017, referenced as Order No.
4001-5434934, see Section 2. A. (i.) herein;
4) Other items that may be approved in writing by CITY in advance of the
close of escrow.
ii. CLOSE OF ESCROW-The term "close of escrow", if and where written in these
instructions, shall mean the date necessary instruments of conveyance are
recorded in the office of the County Recorder. Recordation of instruments
delivered through this escrow is hereby authorized.
B. JUDGMENT IN LIEU OF DEED-In the event STATE does not deliver title in a
reasonable time under the terms of the AGREEMENT, the CITY may file an action in eminent
domain to pursue the acquisition of the real property interests described in the referenced
Deeds.
C. ARTICLE HEADINGS -Article headings in this AGREEMENT are for convenience
only and are not intended to be used in interpreting or construing the terms, covenants and
conditions of this AGREEMENT.
D . COMPLETE UNDERSTANDING -This AGREEMENT constitutes the entire
understanding between the PARTIES with respect to the subject matter hereof, superseding all
negotiations, prior discussions, and preliminary agreements or understandings, written or oral.
This AGREEMENT may not be amended except in writing by the PARTIES hereto or their
successors or assigns.
APN: 001-052-004 City of SLO\State of CA \Agreement-Easement
Page 4 of6
E. CITY COUNCIL APPROVAL-This AGREEMENT is subject to and conditioned upon
approval and ratification by the San Luis Obispo CITY Council. This AGREEMENT is not
binding upon the CITY until executed by the appropriate CITY official(s) acting in their
authorized capacity.
F. COUNTERPARTS -This AGREEMENT may be executed in counterparts, each of
which so executed shall irrespective of the date of its execution and delivery be deemed an
original, and all such counterparts together shall constitute one and the same document.
G. NOTICES -All notices shall be in writing, addressed as set forth below, and
deposited in the U.S. Mail, postage prepaid. Any party may change its address for future notices
by complying with the provisions of this paragraph.
STATE'S MAILING ADDRESS:
Department of General Services
Attn: Transaction Review
707 3rd Street (Fifth Floor)
West Sacramento, CA 95605
CITY'S MAILING ADDRESS :
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, CA 93401
APN: 001-052-004
Page 5 of6
AGENCY MAILING ADDRESS:
California Highway Patrol
Attn: K. C. Roberts, Commander
601 North 7th Street
Sacramento, CA. 95811
City of SLO\State of CA \Agreement-Easement
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
STATE:
STATE OF CALIFORNIA
Department of General Services
DANIEL C . KIM, Director
By:~~~~~~~~~~~~~
Michael P Butler, Chief
Real Property Services Section
GRANTEE:
CITY OF SAN LUIS OBISPO,
A municipal corporation and charter city
By: ii~6i
Date: /tJ J~ /JJ
1
APPROVED AS TO FORM :
By: _.f, -
J. Christine Dietri
City of San Luis bispo, Attorney
APN: 001-052-004
Page 6 of6
APPROVAL:
STATE OF CALIFORNIA
California Highway Patrol
Name:
Title:
Date:
ATTEST :
CITY OF SAN LUIS OBISPO,
A municipal corporation and charter city
By(i~~+
City Clerk
Date: a ct-q J LO 13
APPROVED AS TO CONTENT:
City of SLO\State of CA \Agreement-Easement
Recording requested by:
Hamner, Jewell & Associates
Government Real Estate Services
When recorded, return to:
City of San Luis Obispo
Department of Public Works
919 Palm Street
San Luis Obispo, CA 93401
Mn\ ~D1~~ v,Jhee\ev
APN: 001-131-008 No Fee pursuant to Gov. Code sec. 6103
No Documentary Transfer Tax per R&T Code sec. 11922
No Recording Fee per Gov. Code sec. 27383
EASEMENT DEED
(for Public Trail Purposes -Railroad Safety Trail)
For a valuable consideration, receipt of which is hereby acknowledged,
Thomas A. McLaughlin, an unmarried man (hereinafter called "Grantor"),
hereby grants to the
City of San Luis Obispo ("City"),
the following described interests in real property located in the City of San Luis Obispo, County
of San Luis Obispo, State of California:
An exclusive permanent easement ("Easement") for a multipurpose public recreational trail
("Public Trail") and all purposes incidental then:to, such as walking.jogging, running, skating,
biking, maintenance, repair and all related uses in, on, over, under and across that portion of
Grantor's property that is legally described in Exhibit "A" and graphically depicted on Exbjbit
"B ', each attached hereto and incorporated herein by this reference. Grantor and City
acknowledge that this Easement is in gross and not appurtenant to any dominant tenement.
Together with:
Temporary Construction Easement:
A temporary easement ("Temporary Construction Easement") for access and use in facilitating
completion of construction of the multi-purpose public recreational trail referenced above. This
tempora1y easement shall be in, on over, under, along, and across that certain property described
in Exhibit "C" and depicted in Exhibit "D," attached hereto and incorporated herein by this
Page 1 of3
City of SLO\Railroad Safety Trail Taft to Pepper\McLaughlin\Easement Deed rev . 2019-08-29
The City Clerk does not hold the
final recorded document. Check
with Public Works.
reference, and shall be uti]ized by City and its contractors for a maximum duration of five (5)
non-consecutive days with regard to that portion of said area that encumbers Grantor's existing
driveway and parking lot. Any and all work that requires access through and across Grantor's
parking lot shall be completed during nights and weekends only. City shall protect Grantor's
driveway and parking lot improvements from any damages from its use. This Temporary
Construction Easement shall commence on the date of City's acceptance of this Deed and shall
tenninate upon completion of construction or by December 31, 2020, whichever occurs first.
Upon termination, the Temporary Construction Easement areas shall be generally
restored by City to a comparable condition as that which existed p1ior to City's access and use, to
the extent reasonably practical.
The provisions hereof shall inure to the benefit of the City, its successors and assigns, and
shall bind the heirs, executors, administrators, assigns and successors in interest of the respective
parties hereto, and all covenants shall apply to and run with the above described property.
GRANTOR:
Thomas A. McLaughlin, an unmarried man
Thomas A. McL~ughlin
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the tmthfulness, accuracv, or validity of that document.
State of California
County of
2 3 Sf.1. Z~~9
On 2 3 SET. Wf3 beforeme, ___ J_o_s_e_' _A_._o_r_e _____ _,Notary
Public, personally appeared Thomas A. McLaughlin, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
SUBSCRIBED AND SWORN TO BEFORE ME
Signature ~""'f'----,.,-----:-tt:~:---f""I~-(Seal) This 2 3 SFT 22;3
Consular Assistant
U s. Embassy Guatemala Page 2 of3
City ofSLU\Rallroad Safety Trail Taft to Pepper\McLaughlin\Easement Deed rev. 2019-08-29
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the City of San Luis Obispo hereby accepts for public purposes the real
property, or interest therein, described in that Deed dated S~vn'o4::< ~~ , 2019, from
Thomas A. McLaughlin, an unmarried man, Grantor therein, to the City, and consents to the
recordation thereof.
In Witness Whereof I have hereunto set my hand thi 9*' day of t)c...\o'<w ,< ,20 19 .
ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
)
)
On , before me, Megan Wilbanks, Notary Public, personally appeared
~0-'-~D...<tt-OV\ , Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of
satisfactory evidence to be the personvi, whose name (I) is/af:e subscribed to the within instrument and
acknowledged to me that ~/she /~ executed the same in hiG/her/tffe.i:r authorized capacity ~ and that
by l:He/her/#tetr signature(() on the instrument the person(/.) or the entity upon behalf of which the person~
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
•,
WITNESS my hand and official seal.
Page 3 of3
City ofSLO\Railroad Safety Trail Taft to Pepper\McLaughlin\Easement Deed rev. 2019-08-29
DocuSign Envelope ID : A650BCF6-941 F-4DB8-8ED6-BDEE634511A3
PARCEL NO.: 001-131-008 (McLaughlin)
PROJECT: City of San Luis Obispo Railroad Safety Trail -Taft to Pepper
TITLE REPORT NO.: 4001-5434941
RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
Thomas A. McLaughlin, an unmarried man
(hereinafter called "Granter"), and
the City of San Luis Obispo, a municipal corporation and a charter city in the County of
San Luis Obispo, State of California
(hereinafter called "City").
An instrument in the form of an Easement Deed ("Deed") covering the property
particularly described therein ("Easement Area"), has been executed concurrently with this
Agreement and delivered to City representatives.
In consideration of which, and other considerations hereinafter set forth, it is mutually
agreed as follows:
1. The parties have herein set forth the whole of their agreement. The performance of this
Agreement constitutes the entire consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the location, grade or construction of
the proposed public improvement, except as stated in Paragraphs 2.E. and 2.F. below.
2. The City shall:
A. PAYMENT -Pay to the order of the Grantor the sum of FIFTY-FOUR THOUSAND
DOLLARS ($54,000) as consideration in full for the real property interests conveyed in the Deed,
for the loss, replacement and moving of any improvements, and for entering into this Agreement.
Said sum shall be paid when title to said real property interest has vested in City free and clear of
all liens, encumbrances, assessments, easements and leases recorded or unrecorded, except for
recorded public utility easements and public right of way. Granter and City acknowledge and
agree that the Payment Amount and the terms of the Deed and this Agreement represent the full
and total consideration for the easements established by the Deed. With the exception of any
rights and obligations created pursuant to this Agreement, Granter hereby forever releases and
discharges City and its respective officials, officers, directors, and employees from any and all
claims, demands, causes of action, obligations, and liabilities of every kind and nature which relate
to City's acquisition of the real property interests conveyed in the Deed. It is further understood
and agreed that each party hereby waives any and all rights under Section 1542 of the Civil Code
of the State of California which reads as follows:
APN: 00 l-131-008\City of SLO\Railroad Safety Trail-Taft to Pepper\McLaughlin\Agreement-Easement rev. 08-29-19
Pagel of6
DocuSign Envelope ID: A650BCF6-941 F-4DB8-8ED6-BDEE634511A3
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,
WOULD HA VE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.
8. RECORDA TION OF lNSTRUMENT-Accept the Deed and cause the same to be
recorded in the office of the San Luis Obispo County Recorder at such time as when clear title can
be conveyed.
C. MISCELLANEOUS COSTS -Pay any escrow, title insurance, and recording fees
incurred in this transaction.
D. CLEARANCE Of BONDS, ASSESSMENTS, OR DEUNOUENT TAXES -Have the
authority to deduct and pay from the amount shown in Clause 2.A. above any amount necessary to
satisfy any bond demands and delinquent taxes due in any year except the year in which this
escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid
nondelinquent assessments which have become a lien at the close of escrow.
E. CONSTRUCTION AND RESTORATION -Shall, at no expense to Grantor, protect
and restore existing parking lot and landscaping in a comparable condition as that which existed
prior to City's access and use, to the extent reasonably practical. City access and use shall be in
conformance with all terms and conditions specified in the Deed.
F. INDEMNIFICATION -Indemnify and hold harmless the Grantor from any and all
claims, damages, costs, judgments, or liability proximately caused by City or its officers,
employees, contractors, or agents specifically arising from City construction, maintenance and
public use of the Easement Area. City further agrees to repair or pay for any damage proximately
caused by reason of the uses authorized by the Easement Deed. City's obligation to indemnify and
hold harmless Grantor as provided in this Paragraph 2.F shall not extend to any claims, damages,
costs, judgments, or liability which arise from or related to the negligent, unlawful or wrongful
acts of Grantor or any other person acting in concert with them.
3. The Grantor:
A. PAYMENT ON MORTGAGE OR DEED OF TRUST-Agrees that any or all monies
payable under this Agreement up to and including the total amount of the unpaid principal and
interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due
and payable in accordance with the terms and conditions of said mortgage(s) or deed(s) of trust,
shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder.
8. LEASE INDEMNIFICATION -Warrants there are no oral or written leases on all or
any portion of the Easement Area. Grantor agrees to hold the City harmless and reimburse City
for any and all of its losses and expenses occasioned by reason of any undisclosed lease of said
Easement Area held by tenant of Grantor.
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OocuSign Envelope ID : A650BCF6-941 F-4088-8E06-BDEE634511A3
C. PERMISSION TO ENTE R-Hereby grants to the City, its agents and contractors,
permission to enter upon the Easement Area prior to the close of escrow for the purposes of pre-
construction surveys and studies, subject to all applicable terms and conditions contained in this
Agreement and the associated Easement Deed.
D. GRANTOR'S KNOWL EDGE OF THE ENVIRONMENTAL CONDITIONS OF THE
PROPERTY -Represents and warrants that to the best of Grantor's knowledge and belief, that (l)
there has been no spill, discharge, release, cleanup or contamination of or by any hazardous or
toxic waste or substance on or around the Easement Area at any time, and (2) throughout the
period of ownership of the Easement Area by Grantor, no hazardous or toxic material has been
used, generated, treated, stored, disposed of or handled in or around the Easement Area. Further,
Grantor agrees to disclose to City, prior to the close of escrow, all studies, reports, and
investigations known to Grantor concerning any pollution, toxic building materials or toxic
hazardous substances or wastes located at, on, or under the Property.
4. The Parties agree:
A. ESCROW -At City's option, to open an escrow in accordance with this Agreement at
an escrow company of City's choice. Opening an escrow shall be at City's sole discretion and
City may decide to process this transaction without the use of an escrow agent. However, if an
escrow agent is utilized, this Agreement constitutes the joint escrow instructions of City and
Grantor, and the escrow agent to whom these instructions are delivered is hereby empowered to act
under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the
shortest possible time.
If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the
executed Deed by Grantor, with Certificate of Acceptance attached, with the escrow agent on
Grantor's behalf. City agrees to deposit the purchase price upon demand of escrow agent. City
and Grantor agree to deposit with escrow agent all additional instruments as may be necessary to
complete this transaction. All funds received in this escrow shall be deposited with other escrow
funds in a general escrow fund account(s) and may be transferred to any other such escrow trust
account in any State or National Bank doing business in the State of California. All disbursements
shall be made by check or wire transfer from such account.
Any taxes which have been paid by Grantor, prior to opening of this escrow, shall not be
pro-rated between City and Grantor, but Grantor shall have the sole right after close of escrow, to
apply to the County Tax Collector of said County for any refund of such taxes which may be due
Grantor for the period after City's acquisition.
i) ESCROW AGENT DIRECTIVES -Escrow Agent is authorized to, and shall:
a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties
and interest thereon, and for any delinquent assessments or bonds against that
portion of Grantor's property subject to this transaction as required to convey
clear title.
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DocuSign Envelope ID: A650BCF6-941F-4088-8ED6-BDEE634511A3
b) Pay and charge City for any escrow fees, charges and costs payable under
Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver Deed when conditions of this escrow have been
fulfilled by City and Grantor.
d) Following recording of Deed from Grantor, provide City with a CL TA Standard
Coverage Policy of Title Insurance in the amount of $54,000 issued by First
American Title Company showing that title to the herein real property is vested
in City, subject only to the following exceptions, and the printed exceptions and
stipulations in said policy:
1) Real Property Taxes for the fiscal year in which escrow closes;
2) Public utility easements and public rights of way;
3) Items No. 1 through 5, 8 of the preliminary title report issued by First
American Title Company, dated April 13, 2017, referenced as Order
No. 4001-5434941;
4) Other items that may be approved in writing by City in advance of the
close of escrow.
ii) CLOSE OF ESCROW -The term "close of escrow", if and where written in these
instructions, shall mean the date necessary instruments of conveyance are recorded
in the office of the County Recorder. Recordation of instruments delivered through
this escrow is hereby authorized.
B. JUDGMENT IN LIEU OF DEED -In the event Grantor does not deliver title in a
reasonable time under the terms of the Agreement, the City may file an action in eminent domain
to pursue the acquisition of the real property interests described in the referenced Deed, and this
Agreement shall constitute a stipulation which may be filed in said proceedings as final and
conclusive evidence of the total amount of damages for the taking, including all of the items listed
in Section 1260.230 of the Code of Civil Procedure, regarding said property rights.
C. ARTICLE HEADINGS -Article headings in this Agreement are for convenience only
and are not intended to be used in interpreting or construing the terms, covenants and conditions of
this Agreement.
D. COMPLETE UNDERSTANDING -This Agreement constitutes the entire
understanding between the parties with respect to the subject matter hereof, superseding all
negotiations, prior discussions, and preliminary agreements or understandings, written or oral.
This Agreement may not be amended except in writing by the parties hereto or their successors or
assigns.
E. CITY COUNCIL APPROVAL -This Agreement is subject to and conditioned upon
approval and ratification by the San Luis Obispo City Council. This Agreement is not binding
upon the City until executed by the appropriate City official(s) acting in their authorized capacity.
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DocuSign Envelope ID: A650BCF6-941 F-4DB8-8ED6-BDEE634511A3
F. SETTLEMENT PROPOSAL-This Agreement represents Grantor's settlement
proposal and is expressly subject to and contingent upon City's acceptance and approval. City's
execution of this Agreement constitutes acceptance and approval by City. City shall not be bound
to the terms and conditions herein unless and until this Agreement has been approved and executed
by the appropriate City official(s) acting in their authorized capacity.
G. COUNTERPARTS -This Agreement may be executed in counterparts, each of which
so executed shall irrespective of the date of its execution and delivery be deemed an original, and
all such counterparts together shall constitute one and the same document.
H. NOTICES -All notices shall be in writing, addressed as set forth below, and deposited
in the U.S. Mail, postage prepaid. Any party may change its address for future notices by
complying with the provisions of this paragraph.
GRANTOR'S MAILING ADDRESS:
Thomas A. McLaughlin
P.O. Box 13809
San Luis Obispo, CA 93406-3809
CITY'S MAILING ADDRESS:
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, CA 93401
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
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DocuSign Envelope ID: A650BCF6-941 F-4DB8-8ED6-BDEE634511A3
GRANTOR:
Thomas A. McLaughlin, an unmarried man
~Doa uSlgnecl by:
\\.._i» .. \ly-
EFF?194952BF419
Thomas A. McLaughlin
CITY OF SAN LUIS OBISPO,
A municipal corporation and charter city
ATTEST:
APPROVED AS TO FORM:
J. Christine Di etri
City of San Luis Ob is po Attorney
10/2/2019
Date:
~~~~~~~~~~~~-
APPROVED AS TO CONTENT:
APN: 00 l-131-008\City of SLO\Railroad Safety Trail-Taft to Pepper\McLaughlin\Agreement-Easement rev. 08-29-19
Page 6 of6
PERMIT TO ENTER
AND CONSTRUCT
Agency:
Project:
File:
California Highway Patrol, San Luis Obispo
Railroad Safety Trail
TR18038 / FISCAL 04991
This PERMIT TO ENTER AND CONSTRUCT ("Permit") is effective October 1, 2019, between the STATE OF
CALIFORNIA, acting by and through its Director of the Department of General Services (DGS), with the
approval of the California Highway Patrol (CHP), hereinafter collectively referred to as "STATE", and City of
San Luis Obispo, County of San Luis Obispo, a municipal corporation and a charter city and its officers,
employees, agents and contractors, hereinafter referred to as "CITY". STATE and CITY are hereinafter
collectively referred to as the "Parties."
ST A TE hereby gives permission to CITY to enter upon that STA TE's real property "Permit Property", being a
portion of the California Highway Patrol facilities located at 675 California Blvd, San Luis Obispo, County
of San Luis Obispo, California as depicted on the plat map attached hereto as Exhibit A, "Construction Area",
consisting of four (4) pages, and by this reference made a part hereof.
This Permit is for providing access to the Permit Property for the CITY for purposes of Temporary Construction
Area, Temporary Construction Staging Area, and Temporary Access Area (Temporary Areas), as outlined in
Exhibit A.
This Right of Entry is subject to the following terms and conditions:
1. CITY'S entry onto the Property shall be allowed by STATE only upon STATE'S execution of this Permit
and in accordance with the Notice Provisions herein. Any areas needed by CITY for construction staging
or lay down are as designated by attached Exhibit A.
2 . This Permit is subject to existing contracts, leases, licenses, encumbrances and claims which may affect
said real property.
3. CITY shall utilize the Temporary Areas at its sole responsibility and expense, and said use shall not obstruct
access to State's property at all times. CITY shall not deviate from these final plans as depicted in Exhibit
A without obtaining written approval from STA TE.
4. CITY waives all claims against STATE, its officers, agents and employees, for loss or damage caused by,
arising out of, or in any way connected with the exercise of this Permit, and CITY agrees to protect, save
harmless, indemnify, and defend STATE, its officers, agents and employees from any and all loss, damage
or liability, including, without limitation, all legal fees, expert witness or consultant fees and expenses
related to the response to, settlement of, or defense of any claims or liability which may be suffered or
incurred by STATE, its officers, agents and employees caused by, arising out of, or in any way connected
with exercise by CITY of the rights hereby granted, except those arising out of the sole negligence of
STATE.
5. All use of the Temporary Areas and construction by CITY shall be subject to all applicable state, federal,
municipal, county or district laws, codes, rules and regulations pertaining to the Americans with Disabilities
Act (ADA), California Environmental Quality Act (CEQA), and State and Municipal building codes. All
improvements set forth in the final approved plans shall be completed in a lawful manner and in conformity
with all applicable laws, codes, ordinances and regulations.
6. Access Until construction commences, the STATE and any successors in interest, shall have access to
the Permit Property in the same manner as they enjoy at the time this Permit is executed by the Parties.
7. CITY shall keep the Permit Property free from any liens arising out of any work performed, materials
furnished, or obligations incurred by CITY and shall indemnify, hold harmless and defend STATE from any
such liens and encumbrances arising out of any work performed or material furnished by or at the direction
of CITY or contractors of CITY. Notice is hereby given that the STATE shall not be liable for any work or
materials furnished to CITY on credit and no mechanic's lien or other lien for any such work or materials
shall attach to or affect ST A TE's interest in the Property based on any work or material supplied to CITY
or anybody claiming through CITY. CITY shall, within thirty (30) days after being furnished notice of the
filing of any such lien, take action, whether by bonding or otherwise, as will remove or satisfy any such lien .
STATE shall have the right at all times to post and keep posted on the Permit Property any notices
permitted or required by law or that STATE deems proper for its protection, and the protection of the Permit
Property from liens.
8. ST A TE reserves the right to use the Permit Property in any manner, during the term of this Permit, provided
such use does not unreasonably interfere with CITY'S rights herein .
9 . This Permit shall commence October 1, 2019 and terminate on October 31, 2020, or upon approval by
STATE of the completed construction affecting State property, whichever occurs first. The CITY requires
the area for a 10-month period within the above window .
10. CITY understands that the Property is within the San Luis Obispo California Highway Patrol facilities (SLO-
CHP) and contains CHP facilities and CITY agrees to abide by regulations and/or restrictions that may be
imposed.
11 . Notwithstanding Clause 10 above, all notices or other communications required or permitted hereunder
shall be in writing with Project number TR18038 prominently displayed , and shall be personally delivered
(including by means of professional messenger service) or sent by overnight courier, or sent by registered
or certified mail, postage prepaid, return receipt requested to the addresses set forth below. All such
notices or other communications shall be deemed received upon the earlier of: (i) if personally delivered or
sent by overnight courier, the date of delivery to the address of the person to receive such notice; (ii) if
mailed as provided above, on the date of receipt or rejection.
To the CITY:
To the STATE:
CITY of San Luis Obispo
ATTN: Bryan Wheeler
Public Works
Transportation Planning/Engineering
919 Palm Street,
San Luis Obispo, CA 93401-3218
805.781.7178
California Highway Patrol
ATTN:
675 California Blvd
San Luis Obispo , CA 93401
(805) 594-8700
Copies to:
Department of General Services
Transaction Review
707 Third Street, 5th Floor
West Sacramento, CA 95605
(916) 375-4082
12. Any areas disturbed by CITY's construction shall be restored by CITY to a minimum their preconstruction
condition. Completion of all work required pursuant to this Permit shall be subject to State review and
written approval, said approval shall not be unreasonably withheld.
13 . Upon notice of State's approval pursuant to Clause 12 above, DGS shall immediately provide an invoice
for reimbursement of its related staff costs.
14. This Permit may be executed in one or more counterparts, any one of which shall constitute but one permit.
Emailed or photocopied signatures shall be considered and treated as originals.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
DANIEL C. KIM, DIRECTOR
MICHAEL P. BUTLER, Chief
Real Property Services Section
Approved:
CALIFORNIA HIGHWAY PATROL
Title:---------------
CITY OF SAN LUIS OBISPO
By /~ ri=
(eidiHarmon , yay
Date: lo /~
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